A judge from Barcelona has endorsed the euthanasia of a 54-year-old man whose father had challenged the resolution issued on July 18 by the Guarantee and Evaluation Commission of Catalonia in which the right to die with dignity was granted, alleging that the patient “suffers from mental health problems.”
The parent invoked the right to family life, verbatim, as a reason to paralyze the process, but in an interlocutory advanced by ‘ElDiario.es’ and consulted by ABC, the judge of Administrative Litigation 5 of Barcelona, Montserrat Raga, states that “it seems that a simple family relationship” would legitimize the parent to initiate a legal process, but points out that according to European legislation, the link between the two is required to be real.
In this sense, according to the interlocutor, the patient lives alone, since he has a minor son with a disability with whom he does not have any type of relationshipand he also does not have a good relationship with his father, which is why he requested that “the existence of the procedure not be communicated to any family member or close person.” From all this it is deduced that the appellant is not part of it nor does he intervene as an interested party, another argument to rule out his legitimacy in judicial proceedings.
The patient, 54 years old, had suffered several episodes of strokes and heart attacks since 2020. The interlocutory specifies that “we are dealing with a person of legal age and capable of freely exercising all the rights that the laws recognize.” Likewise, the judge notes that in none of the medical diagnoses It was mentioned that the person requesting euthanasia suffers from a mental illness that renders him incapable of making his own decisions.
“All these circumstances invalidate any interest that can be based on the right to family life as a legitimate interest to challenge the record,” says the judge, who inadmisses the contentious administrative appeal and supports the application of euthanasia in a resolution against the that there is an appeal before the same court to be resolved by the Superior Court of Justice of Catalonia (TSJC).
Another case is pending resolution, that of a young woman also from Barcelona who claimed the right to die with dignity and a judge ordered the process to be stopped. Last summer, a court in Barcelona ordered that the euthanasia that should have been performed on a 23-year-old woman be stopped, considering that “there was no serious condition.” The young woman’s father, represented by Christian Lawyersasked the court to stop the process, alleging that the young woman suffers from a serious mental illness that clouds her judgment. The Court considered that “a serious, chronic and disabling condition” is not seen in this case. The case is awaiting a ruling by the TSJC.
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